HomeMy WebLinkAbout12- Manley Commercial Partners Agreement for Parkland Credit AGREEMENT FOR PARKLAND CREDIT
This agreement for parkland credit made between Manley Commercial Partners, LLC, PO Box 925,
Bozeman MT 59771 (Grantors) and the City of Bozeman, PO Box 1230, Bozeman MT 59771-1230
(Grantee) shall confirm that Parcel 3 (0.707 acres), Amended Plat of Lot 1 of Minor Subdivision No. 154
is being granted and dedicated to the City of Bozeman at no cost to the City to expand Glen Lake Park
(also known as the East Gallatin Recreation Area), classified as a Community Park by the 2009 Parks,
Recreation, Open Space and Trail Plan.
The dedication is being made to establish an off-site park land dedication in accordance with Section
38.27.100.A.4 of the Bozeman Municipal Code to allow for satisfaction of parkland dedication or open
space requirements by future development. The terms of this agreement shall extend to the heirs,
executors, administrators, successors and assigns of the parties hereto.
DATED this6�day of r - , 2012.
MAN MERCIAL PARTNERS, LLC
By:
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Grantor
STATE OF MONTANA )
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County of Gallatin )
On this 7 day of �lunv e— 20 l�kbefore me the undersigned, a Notary Public for
the State of Montana, personally appearedk7FFFDg%=soA1 ln/&ggor1,known to me to be
ofA.ZeMIQ and the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the within instrument for and on behalf of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
Notar ubIic for the State of fW6 ntana
(Printed Name
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ACCEPTED:
by YMAN
City Manager
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City berk { '* . . . . •' ��.,
STATE OF MONTANA
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County of Gallatin )
On this day of kl:e: , 2�14before me, a Notary Public for the State
of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City
Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same for and on
behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL) �'o\ }E
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Notary P lic for the tate of Montana 5 � *
(Printed Name) / 4"M0,10,
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CP OF BOZEMAN
i DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M.Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning @bozemon.net
Bozeman, Montana 59771-1230 www.bozemon.net
MEMORANDUM
TO: Tim McHarg,Planning Director
)FROM: Chris Saunders,Assistant Director
RE: Amended Plat Lot 1,Minor Subdivision 154-File#E-12004
DATE: June 15, 2012
r
The above-referenced subdivision exemption application has been submitted to the Department of Planning and 11
Community Development for review and certification. The following comments are offered regarding this ti
exemption:
e;
The owners of the properties described as Lot 1, Minor Subdivision 154, located in the Southwest '1 of Section
31, T1 S,R6E,PMM, City of Bozeman, Gallatin County, Montana have claimed the exemptions to dedicate to the
City of Bozeman parcel 3 of the plat for parkland and the right of way for Manley Road and a portion of Griffin
Drive pursuant to 76-3-201(1)(a) and 76-3-20I(1)(h)MCA.
The proper use of the 76-3-201(1)(a) claimed exemption is to create a tract which could be acquired through
eminent domain. The use of land for city grounds is an allowed used under paragraph 70-30-102(3) MCA. The
proper use of the 76-3-201(1)(h) claimed exemption is to create rights-of-way such as for Manley Road. The City
makes a rebuttable presumption that a exemptions are adopted for the purpose of evading the Montana
Subdivision and Platting Act if the documentation submitted does not support the stated reasons for the relocation,
or an additional parcel is created. In this case, two new parcels are being created because they are being
segregated by the new dedicated right-of-way for Manley Road. After considering the proposed tract and the
history of the parcel and the previously created easement for Manley Road through Minor Subdivision 154 I have
concluded that there is no evasion of the act. Parcel 3 is to be dedicated to the City for park purposes and is
adjacent to the existing East Gallatin Recreation Area. Parcel 1 and 2 are presently separated from each other by
the easement for Manley Road that functionally makes them independent of each other therefore there is no l
evasion of the Act by this exemption.
The exemption application included all required information, including a signed amended plat. The amended plat
has been properly prepared, and contains all of the required certificates. Based on staff's review, and the
submitted exemption application and materials, it appears that this is a proper use of the exemption. Therefore,
staff would recommend that you accept this use of the claimed exemption and so certify by signing the mylars.
Once signed, please return the materials to me for conveyance to the applicant for filing at the Clerk and
Recorders Office.
DA D S 15"'DAY OF JUNE, 2012 Exemption#E-12004
Tim McHarg,Pi tn ctor
community planning subdivisio n review annexaitan historic preservation neighborhood planning urban design GI5